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Patna High CourtCR. MISC./23698/2017bail granted

Upma Kumari v. The State Of Bihar

2017-07-14Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23698 of 2017 Arising Out of PS.Case No. -169 Year- 2017 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ====================================================== Upma Kumari, W/o Sri Satyendra kumar Resident of Road No. 1, Yadav Nagar, Bhagwanpur, P.S.- Sadar, , District Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Musowir, Adv. For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-07-2017 Heard both sides.

The petitioner apprehends her arrest in Sadar P.S. Case No. 169/2017, registered for the offences punishable under Sections 406, 420 and other sections of the Indian Penal Code. The informant alleged that the petitioner and her husband Satyendra Kumar took petrol and diesel worth Rs. 34,23,378/- on credit. Satyendra Kumar issued cheques, but the cheques were not honoured.

Learned counsel for the petitioner submits that the petitioner is the wife of Satyendra Kumar. The petitioner did not take any petrol or diesel from the petrol pump. The husband of the petitioner was always paying price and nothing is lying due

Patna High Court Cr.Misc. No.23698 of 2017 (2) dt.14-07-2017 2/2 against the petitioner.

Learned counsel for the informant as well as the learned A.P.P. vehemently opposed the prayer for anticipatory bail of the petitioner and submits that let his matter be sent to the mediation centre.

It appears that the informant has alleged that he gave diesel and petrol worth Rs. 34,23,378/- on credit to the petitioner and her husband, but the petitioner denied to have taken any diesel or petrol on credit from the informant. The petitioner did not issue any cheque towards payment of any dues to the informant. Considering the facts aforesaid and the fact that the petitioner is a lady, the petitioner above-named, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Sadar P.S. Case No. 169/2017, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T